HVAC Excellence National HVACR Education Conference Terms and Conditions

Participation in the National HVACR Education Conference is subject to the following terms and conditions:


  • Section 1: Attendance
  • Section 2: Presenting
  • Section 3: Exhibiting
  • Section 4: Sponsorship

Section 1: Attendance

By registering for the HVAC Excellence event, the registered person (referred to as the Attendee) agrees to the terms and conditions outlined below. These terms and conditions apply to every registered attendee, including persons categorized as delegates, accompanying individuals, students, media representatives, speakers, or exhibitors participating in the conference. HVAC Excellence retains the right and absolute discretion to act as the sole decision-maker concerning all aspects of these Terms and Conditions. Furthermore, HVAC Excellence reserves the right to institute additional regulations or modify existing ones for Attendees as deemed necessary to ensure the overall success and well-being of the conference and its affiliated individuals. HVAC Excellence's determinations and interpretations shall be conclusive in all instances. These terms (referred to as the "Agreement") govern your attendance and participation in any HVAC Excellence event, also known as the "Event" or the "National HVACR Education Conference". All Attendees, whether they register themselves or are registered by another individual within their organization, commit to adhering to these terms, establishing a binding legal agreement between HVAC Excellence and the Attendee.


A. Attendee Requirements
A-1. Admission:

Event registration grants Attendee admission to the Event for which they have registered. Admission includes all activities directly stated in the event schedule. All other costs associated with event attendance, including travel, meals, and hotel accommodation expenses, shall be borne solely by the Attendee.

A-2. Use of Likeness:

By attending the Event, the Attendee acknowledges and agrees to grant HVAC Excellence the right to record, film, photograph, or capture their likeness in any media now available or hereafter developed, and to distribute, broadcast, use, or otherwise disseminate such media globally, in perpetuity, without any further approval from the Attendee or any payment to the Attendee. This grant to HVAC Excellence includes, but is not limited to, the right to edit such media, the right to use the media alone or in conjunction with other information, and the right to allow others to use or disseminate the media.

A-3. Event Content:

The Attendee acknowledges and agrees that HVAC Excellence, in its sole discretion, reserves the right to change all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, venue, and times.

A-4. Attendee Badge Usage:

Name badges must always be worn by Attendees while participating in Event-related activities. All HVAC Excellence badges are the property of HVAC Excellence and must be returned to HVAC Excellence upon request.


B. Prohibited Conduct
B-1. Disruptive Conduct:

Attendee acknowledges and agrees that HVAC Excellence reserves the right to remove them from the Event if HVAC Excellence, in its sole discretion, determines that their presence or behavior creates a disruption or hinders the Event. If removed from the Event, the Attendee's name badge will be returned to HVAC Excellence.

B-2. Badge Misuse:

Attendees are prohibited from wearing badges from previous HVAC Excellence Events or falsifying or sharing badges. Violators will be immediately ejected from the Event and banned from future Events. HVAC Excellence considers such conduct as theft of service, trespassing, and fraud and will report violators to law enforcement authorities. If such conduct is discovered after an Event, violators will be invoiced according to onsite registration pricing and will be required to pay their invoice in full to avoid legal action.

B-3. Soliciting of Attendees/Suitcasing:

"Suitcasing" refers to the practice of attending a trade show and “working the aisles” from a suitcase or briefcase, with the purpose of soliciting business from other Event participants. For the benefit of the Event, sponsors, exhibitors, and paid participating organizations that support the event, the only legitimate place to conduct business during show hours is within a contracted exhibit space on the exhibit floor. Exhibiting companies are encouraged to protect their investment and report any violations to HVAC Excellence management. Attendees observed soliciting business in the aisles or other public spaces, or in another company’s contracted exhibit space will be ejected from the Event and may be banned from future events at HVAC Excellence’s sole discretion.

B-4. Photography, Recording, and Videotaping:

Attendees may not record (audio or video) sessions without the expressed written consent of HVAC Excellence and the session presenter. HVAC Excellence allows cameras on the exhibit hall floor for the purpose of company or annual reports, company media pieces, marketing materials, etc.

B-5. Unethical/Non-Compliant Marketing:

HVAC Excellence reserves the right to deny admission to anyone who engages in, or is reputed to engage in, unethical or non‐compliant marketing practices.


C. Fees
C-1 Payment:

The payment of the applicable fee(s) for the Event is due upon registration. If such payment is insufficient or declined for any reason, HVAC Excellence may refuse to admit Attendee to the Event and shall have no financial liability for expenses incurred by Attendee.

C-2 Taxes:

Event fees may be subject sales tax, value added tax, other taxes and duties which, if applicable, will be charged to Attendee in addition to the stated fees.


D. Cancellation, Substitution, and Lost Badge Policy
D-1. Cancellation:

Attendees may cancel their registration up to 90 days prior to the Event, and HVAC Excellence will refund the registration fee less a $50 cancellation fee. Any cancellations made within 89 days of the Event will not be honored. Attendees who cancel, but do not attend, are still responsible for Event payment. Substitutions (subject to availability) may be arranged at the sole discretion of HVAC Excellence in accordance with the Attendee Change Policy below.

D-2. Cancellation Request:

All Event cancellation requests must be submitted in writing to HVAC Excellence.

D-3 Refunds:

Refunds will be processed within six weeks of the Event conclusion.

D-4. Changes and Substitutions:

Attendee substitutions may be may to any registration, more than 30 days prior to the event. Substitution requests received within 30 days of the event may subject to a processing fee. Once name badges, or Event credentials are issued, no substitutions may be made.

D-5. No Substitutions After Credentials Issued:

Once Attendee has received their event credentials, they cannot be changed, substituted, or reissued to another individual.

D-6. Lost Badges and Login Credentials:

If badges and or credentials are lost, replacements will only be issued onsite.


E. Registration Confirmation, HVAC Excellence Updates and Social Networking Platform
E.1 Registration Confirmation

Once Attendee has completed their registration, they will receive a confirmation email. Attendee must ensure that a valid email is provided on the registration form to receive confirmations and access to any online portions of the Event. Attendees shall make certain the domain @escogroup.org has been added to their allowed email list.

E.2. Notifications and Updates

Attendees will receive essential information at the email address or mailing address provided on their registration form. Attendee will receive periodic Event updates by email.

E.3 Opting Out

Attendees may opt‐out of electronic Event updates. However, those who opt out, shall bear the responsibility of keeping up to date with all Event information, protocols, and possible program changes.


F. Privacy Policy

HVAC Excellence does not rent, share, or sell Attendee contact information to any third parties other than those that sponsor the Event.


G. Intellectual Property
G.1 Ownership of Intellectual Property

All intellectual property rights in and to the Event, the Event content, and all materials distributed at or in connection with the Event are owned by HVAC Excellence, its parent company ESCO Group or the Event sponsors or speakers presenting at the Event. Attendees may not use, reproduce, or allow anyone to use or reproduce any trademarks or other trade names appearing at the Event, in any Event content or in any materials distributed at or in connection with the Event for any reason without the prior written permission of HVAC Excellence.

G.2 License Agreement

For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in the Attendee any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by HVAC Excellence, or any of its affiliates; nor does this Agreement grant to the Attendee any right or license to any other intellectual property rights of HVAC Excellence or its affiliates, all of which shall at all times remain the exclusive property of ESCO Group and its affiliates.


H. Disclaimer of Warranties, Limitation of Liability
H.1 No Warranties

HVAC Excellence gives no warranties in respect of any aspect of the Event, or any materials related thereto or offered at the Event and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Event is provided on an "as‐is" basis. Neither HVAC Excellence nor its affiliates accept any responsibility or liability for reliance by Attendee or any individual on any aspect of the Event or any information provided at the Event.

H.2 Wavier of Liability

Except as required by law, neither HVAC Excellence nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Event or other aspect related thereto or in connection with this Agreement.

H.3 Maximum Liability

The maximum aggregate liability of HVAC Excellence for any claim in any way connected with, or arising from, the Event or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by the Attendee to HVAC Excellence under this Agreement.


I. Miscellaneous

HVAC Excellence's failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. HVAC Excellence shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond HVAC Excellence’s reasonable control.

I.1 Enforcement

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

I.2 Assignment

This Agreement is not assignable, transferable, or sub‐licensable by Attendee except with HVAC Excellence’s prior written consent.

I.3 Governance

This Agreement shall be governed by the laws of the State of Illinois and the parties shall submit to the exclusive jurisdiction of the Illinois courts.

I.4 Attorney’s Fees

A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys' fees and costs.

I.5 Mutual Understanding

HVAC Excellence and the Attendee agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

I.6 Agency

No agency, partnership, joint venture, or employment is created because of this agreement, and the Attendee acknowledges that they do not have any authority of any kind to bind HVAC Excellence in any respect whatsoever. In addition to this Agreement, if the Attendee is an exhibitor or sponsor for the Event, they agree to abide by the additional terms and conditions included in the exhibitor contract.


J. Event Changes

HVAC Excellence reserves the right to cancel or change this contract, cancel, or change the dates, times, and location of the Event for any reason, including, but not limited to reasonable cause, or upon events beyond its control, acts of God, terrorism, pandemics, etc., which makes performance of this contract impossible or useless.

J.1 Refund Policy

In the event of such cancellation or relocation, no refunds will be issued after the published cancellation date. At the discretion of HVAC Excellence, credits may be issued toward future Events.

J.2 Force Majeure

Attendee shall have no claim against HVAC Excellence for loss, damages or compensation arising from the prevention, postponement, or abandonment of the event for reasons beyond HVAC Excellence’s control ("Force Majeure"). Events of force majeure shall include, but shall not be limited to, war, terrorist action, national emergency, civil unrest, labor disputes, SARS, or Coronavirus (COVID‐19) or other epidemic, act of government or other government agency, closure or cessation of airline services, or a building becoming unavailable as a result of fire, storm, tempest, lightning or another Act of God.

J.3 Dates Changed

Should the date(s) of the Event change to new date(s) that are within twelve months of the originally scheduled opening date of the Event, and/or the Event is cancelled but is reasonably expected by HVAC Excellence to be held at any time in the next calendar year, this contract shall continue in full force and effect and the obligations of the parties shall be deemed to apply to the event on the new date(s), or when it is next staged as applicable in the same way that they would have applied to the originally scheduled Event.

J.4 Transition

If the Event is cancelled and is not reasonably expected by HVAC Excellence to be held at any time in the next calendar year, HVAC Excellence reserves the right to change the event to a virtual format.


K. Waiver of Liability and Indemnity Related to COVID-19 and Other Pandemics

The health and safety of everyone participating in HVAC Excellence Events is a top priority.

K.1 Assumption of Liability

COVID-19 is an extremely contagious disease that can lead to severe illness and death. HVAC Excellence and our partner hotel cannot guarantee that Event Attendees will not become infected with COVID-19 or other infectious diseases. By attending the Event, Attendees knowingly and voluntarily assume all risks related to disease and infection exposure.

K.2 Vaccinations

Science shows that vaccines are the number one thing we can all do to prevent infection and stop the spread of disease. HVAC Excellence cannot guarantee that other Attendees will be vaccinated and cannot guarantee Attendees will not contract COVID-19 or other infectious diseases.

K.3 Face Mask

HVAC Excellence will follow the guidelines of the Center for Disease Control (CDC) and local jurisdictions. These protocols may require everyone to wear a face covering while inside the Event venue. Attendee must comply with instructions and safety protocols posted by HVAC Excellence and the event venue. All instructions and protocols are subject to change. Failure to comply can lead to removal from the Event, venue, or both. If the Attendee is required to leave, no refund will be issued.

K.4 Illness

If the Attendee feels sick upon arrival, or at any time during the Event, they are to stay in their room, and contact the venue for guidance.

K.5 Symptoms of COVID-19

Symptoms of COVID-19 include, but are not limited to fever or chills, cough, shortness of breath, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, and diarrhea.

K.6 Assumption of Risk

The Attendee:

  • Agrees to follow all guidance from the Center for Disease Control (CDC), the venue and HVAC Excellence.
  • Understands that participation brings some risk and they do hereby assume responsibility for their own well-being.
  • Agrees that failure to follow all protocols in effect is sufficient grounds to be excluded from attending or participating in the remainder of the Event. Attendee shall exit the Event, without protest or refund, upon request of HVAC Excellence or the venue.
  • Understands that there is possible exposure to infectious diseases including but not limited to COVID-19 by participating in the Event. The Attendee knowingly and freely assumes all such risks related to illness and infectious diseases, such as COVID-19.
  • Agrees that if they experience any symptoms of COVID-19 or other illness during the Event, they will discontinue their participation immediately and seek appropriate medical attention.
  • Will not attend this Event if they have any COVID-19 like symptoms, are awaiting results of a COVID-19 test, or test positive for COVID-19 within 30 days of the Event.
  • Understands that while many safety measures are in place, no measure or combination of measures provides a guarantee against COVID-19 transmission.
  • Understands there is a risk that they may transmit COVID-19 to members of their family or household, who may be at higher risk based on their age or current medical conditions.
  • Voluntarily assumes the risk that they may be exposed to or infected by COVID-19 by attending the Event and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death.
  • Voluntarily assumes all of the foregoing risks and accept sole responsibility for any injury to themself relating to COVID-19 including, but not limited to, illness, damage, loss, claim, liability, or expense of any kind that they may experience or incur in connection with their participation in the Event.
K.7 Transfer of Risk

If registration of said Event is transferred, the new Attendee agrees to abide by the terms and conditions of attendance.

K.8 Waiver of Rights

By completing the registration for this Event, the Attendee certifies that they have carefully read, fully understands all provisions set forth in this document.

K.9 Waiver, Release, and Indemnification

As a condition of participation in this Event, the Attendee hereby expressly waives any rights against and releases and holds harmless HVAC Excellence, the venue, and any of its officers, employees, affiliates, contractors, agents, heirs, legal successors, and assigns from and against any and all claims, suits, demands, losses, damages, expenses, or liability of whatever kind or nature (collectively “liability”), under any theory of law or equity, that may arise during or as a result of my presence at Event or on the premises, including but not limited to any such liability related to or arising out of illness, injury, or death associated with infection of COVID-19 or complications, symptoms, or other effects resulting from contracting COVID-19.

The Attendee shall defend, indemnify, and hold harmless HVAC Excellence and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Activities

The Attendee understands it is their expressed intent, that this release and waiver of liability releases HVAC Excellence from such liability even if such liability results from or is caused by the sole or contributory or active or passive negligence, strict liability, or other legal fault of HVAC Excellence or any third party. The Attendee also understands and agrees that HVAC Excellence does not assume any responsibility or obligation to provide financial or other assistance, including but not limited to medical, health, or disability assistance in the event of injury or illness. If the Attendee or their family member is injured, becomes ill, or suffers complications due to COVID-19, allegedly as a result of the participants participation in the Event, the Attendee agrees to release and hold harmless HVAC Excellence in the same manner and to the same extent as set forth above.


Section 2: Presenting

If selected and approved as a presenter, the applicant agrees to conduct their presentation in a professional manner and adhere to all guidelines issued by HVAC Excellence, whether communicated in writing or verbally. Presenters acknowledge that they will not receive compensation for their presentation and are responsible for covering their own airfare, travel, lodging, and related expenses associated with participation. However, HVAC Excellence will register one presenter per session at no charge.


Section 3: Exhibiting

Terms and Conditions

The following Terms and Conditions, documents referenced herein, exhibiting application and completed contract constitute a binding agreement between HVAC Excellence, herein after referred to as HX, and the Exhibiting Organization, hereinafter referred to as the EO.

Contract for Exhibit

Completed applications and payments must be received from all EOs as specified in the application. Applications received without a signature will not be processed.

Show Management

The event is owned and managed by HX. HX, at its sole discretion, may select and/or designate third party products, services, and/or vendors, including hotel and hotel services, herein after referred to collectively as vendors, to enhance the experience for EOs and event attendees. Any matters not covered in these Terms and Conditions, or in the Terms and Conditions of any HX designated vendors, are subject to the interpretation of HX, and all EOs must abide by the decision of HX. HX shall have the full power to create, interpret, amend, and enforce any rules, regulations, and amendments brought to the attention of the EOs. Each EO and its employees agree to abide by the foregoing rules and regulations and by any amendments or additions thereto.

Eligibility

By applying for event participation, the EO and all employees, agents, or representatives of said organization agree to adhere to, and abide by, all contract conditions, rules, regulations, and amendments set forth by HX, the Hotel or any other HX-designated event vendors.

Special Concessions

Conference EOs will have the opportunity to secure space for the following year’s event before general access is made available to non-EOs. This advanced access period will extend through April 20th, which is approximately three weeks after the conclusion of the event, and is based on space availability. Exhibit space for the following year’s conference will be made available for new EOs on May 1st.

Installing and Dismantling of Exhibits

HX reserves the right to designate the installation and removal times for conference exhibits. Under no circumstances will the addition to, or removal of, any portion of an exhibit be permitted during show hours. All booths must remain intact until the show officially closes. Installation and dismantling of exhibits must occur only during the time periods designated in the official exhibit schedule, which will be provided to the EOs by the designated show decorator. Dismantling and/or removal of an exhibit prior to the official end of the show may result in the loss of exhibit privileges for future shows. Published exhibit hall hours are subject to change. If the official exhibit hall schedule changes, all EOs will be notified. Each EO will arrange for the removal of its exhibit contents from the exhibit hall in accordance with the manual provided by the show decorator. The complete move-in and move-out schedule will be provided at last 60 days prior to the start of the show. The EO shall forward all exhibit-related information to any employees, agents, or representatives of said organization. Each exhibit must be fully operational and staffed during all exhibit hours by company representatives who are qualified to discuss details of their company’s products or services and who have agreed to abide by the HX’s terms of attending the event. The EO will be responsible for designating an official authorized agent who will be the primary contact to work with HX, the official show decorator, and the hotel.

Failure to Occupy Space

Exhibit spaces, tables, or booths not set-up or occupied within two hours prior to show opening may be forfeited by the EO. HX reserves the right to resell, reassign, or utilize, at its discretion, any unclaimed exhibit space. There will be no refunds issued for unused or underused exhibit space or unoccupied booths.

Assignment of Space

While EOs are permitted, and encouraged, to request a specific exhibit location, exhibit space will first be allocated based on a priority points system, during the time period that extends from the conclusion of the conference through April 20th. Points are accumulated based on previous conference participation criteria, which includes number of years at the conference, level of participation, and event or promotional sponsorships. EOs will be contacted if their booth preferences are not available, or conflict with another confirmed contract.

Commencing on May 1st, exhibit space will be allocated on a first come, first served basis. HX, the hotel, or the decorator reserves the right and sole discretion to determine the location of exhibit space based on a variety of factors. HX, the hotel, and decorator also reserve the right, at any time prior to the start of the conference, to change an EO’s exhibit location even if a prior location was confirmed. HX shall not be liable for any incidental damages, expenses, or losses that might be incurred as a result of any such changes.

Payment of Space

Exhibit space will be assigned to an EO once HX receives a completed contract and full payment. Contracts received without full payment will be considered incomplete and booth space will not be finalized until full payment has been received. At the sole discretion of HX, a 1.5% monthly finance charge may be applied to any past due balances.

Cancellation

EOs may cancel or reduce the size of its contracted space by submitting a written request to conference@escogroup.org prior to September 1st of the year prior to the event. EOs that cancel or reduce the size of its contracted exhibit space before September 1st, will receive a refund, minus a 50% non-refundable administrative fee. Any EO that cancels or reduces the size of its contracted exhibit space on or after September 1st, will forfeit the full cost of their exhibit space and HX will be under no obligation to provide a refund. Any unpaid balances will be due at the time of cancellation.

Resale of Exhibit Space

EOs may not assign, sublease, or otherwise transfer or share all or a portion of their exhibit space with any party except a wholly owned subsidiary, sister corporation, or a company represented by an EO, and registered as such with HX, without the express written consent of HX. This prohibition will be strictly enforced. In the event of a transfer of ownership and/or a transfer of assets of an EO, all the provisions of the terms and conditions set forth here within shall be binding upon and incurred to the EO’s successors in interest and permitted assigns.

Exhibitor Levels

The size of an EO’s assigned exhibit space will align with the selected participation level as indicated in the conference’s exhibiting and participation prospectus.

Arrangement of Exhibit

Any portion of an exhibit that obstructs the view, interferes with the privileges of other EOs, extends beyond the designated booth space or for any reason becomes objectionable, must be immediately modified or removed by the EO. Each EO is responsible for keeping the aisles bordering its exhibit space free of congestion caused by demonstrations or other activities that take place within its booth. All demonstrations or other promotional activities must be confined to the limits of the exhibit space. HX reserves the right to inspect the quality of the appearance of each booth prior to show opening. Where necessary, HX will require that actions be taken to cover unsightly wires, unfinished back walls, etc., or remediate any condition that poses a safety or health hazard to event attendees. Costs associated with such remediation actions will be the sole responsibility of the EO.

Booth Design

Each EO will receive a manual from the official show decorator. This manual describes, in full detail, the type and arrangement of exhibit space and the standard equipment provided in each booth by HX and the show decorator. All booth spaces must be arranged and constructed in accordance with the guidelines, provisions, and limitations outlined in the manual. Sufficient area must be provided within the exhibit space for the comfort and safety of people watching demonstrations and other promotional activities. If, in the sole opinion of HX, any exhibit fails to conform to the specified guidelines in the manual, or any of the provisions set forth herein, such an exhibit will be prohibited from functioning during the exhibition. EOs are responsible for keeping their booths clean and obstacle free. All exhibits must comply with the public accommodation provisions of the Americans with Disabilities Act of 1991(ADA). Any exhibit with raised flooring must be ramped. HX reserves the right to require the removal of any booth decor that is inappropriate, unsafe, offensive, or otherwise misaligned with the mission, tone, or intent of the event. HX reserves the right to relocate any exhibit at any time, to accommodate the hotel, fire codes, or to avoid conflict.

Refund Policy for Denied EO Applications

HX has the right to accept and/or refuse any EO application, for any reason. If an EO’s application is not accepted, HX shall notify the EO of the denial and issue a full refund. The amount refunded will be equal to amount paid at the time of the original application. No interest, fees, or other sums above and beyond the originally paid exhibition fees will be due to EO.

Conduct and Purpose

The purpose of the exhibition is to enlighten and educate conference participants through product and service displays and demonstrations. Exhibited products and services must be related, either directly or indirectly, to the attendees’ educational and/or professional interests. HX reserves the right to restrict sales activities that it deems inappropriate or unprofessional. All exhibits will serve to improve the quality of education in the HVACR and building science fields, and will not detract from other exhibits, the exhibition, or the conference as a whole. HX reserves the right to request the immediate withdrawal of any exhibit it believes to be injurious to the purpose of HX or the event. HX reserves the right to refuse admission to, or eject from the event, any objectionable or undesirable individuals. Sideshow tactics, suit-casing, or other actions or methods considered by HX to be objectionable, undignified, or inappropriate, are expressly prohibited.

Floorplans

All exhibit hall space and booth dimensions and locations depicted in literature and/or shown on floor plans are believed, but are not warranted, to be accurate. HX reserves the right to make modifications to the floor plan, exhibitor booth numbers, locations, or dimensions, as may be necessary to meet the needs of the event, the EO, and/or the exposition. Exhibits shall be arranged so as not to obstruct the general view or hide the exhibits of other EOs.

Damage to Function Space

The EO agrees to compensate the venue for any damage to the event space that is the result, either directly or indirectly, of the actions, whether or not deliberate, of the EO, its employees, or representatives. The amount of compensation that will be due to the venue from the EO for any damages will be determined by discussions/litigation/mediations that involve the venue and the EO. HX will not be a party to any discussions/litigation/mediation regarding venue damage and assumes no liability that stems from the actions of the EO, its employees, or its representatives.

EO Staff Registration

Each EO will receive full-access event registrations. The number of full-access event registrations allotted for a particular EO is outlined in the prospectus for event participation and in accordance with the EO’s selected level of event participation. Additional registrations above the allotted quantity may be purchased, at a discount, by contacting HX directly. One name badge will be issued for each full-access registration. The official conference name badge provides the individual whose name appears on the badge access to all conference events, onsite classes, online classes, gatherings, and any meals provided as part of the conference. Name badges identify EO staff, granting credentialed individuals access to the exhibit hall during all set-up, dismantle, and regular show hours. Conference name badges must be worn at all times while in the conference area or when participating in any event-sponsored event or activity.

Storage

The EO shall coordinate the storage of packing boxes and/or shipping crates during exhibition hours with the official event decorator. HX assumes no responsibility for damage to, or loss of, packing boxes, shipping crates, or any other stored items.

Sound Devices, Lighting, and Presentation Devices

Public address, sound producing, or amplification devices that project sound must not interfere with other exhibits. Any form of attention-getting devices, demonstrations, or presentations must be conducted and contained within the limits of the EO’s contracted exhibit space. Such presentations and activities will be terminated when such activities obstruct aisles, become a safety hazard, or infringe upon another EO’s display or exhibit space. HX reserves the right to restrict the use of glaring lights or objectionable lighting effects. HX reserves the right to interpret the term “objectionable”, and at what point sound, lighting, or other effects constitute interference and must be discontinued.

Handouts, Giveaways, and Prize Drawings

Promotional giveaways and EO prize drawings are permitted and encouraged in the exhibit hall. All hand-outs are expected to be aligned with the professional and educational goals of the event and its participants. Distribution of advertising materials and/or souvenirs at the on-site/live event must be confined to the EO’s booth or exhibit space. The distribution of advertising materials or souvenirs in the conference area by non-exhibiting firms, or their representatives, is strictly forbidden. HX reserves the right to require that individuals or organizations that distribute materials that they believe to be inappropriate or not in alignment with the conference goals refrain from such activities, or risk expulsion from the event.

Solicitation

No individuals will be permitted in the exhibit hall for the purpose of soliciting advertising or exhibit space for non-HX related events without express written consent from HX.

Fire, Safety, and Health Regulations

The EO assumes all responsibility for compliance with local, city, and state ordinances and regulations covering fire, safety, and health issues. All exhibit equipment and materials must be located within the booth. Only fireproof materials may be used in displays and the EO must take all necessary fire precautions. No combustible materials will be stored in or around exhibit booths. Under no circumstances will unpermitted open flames be permitted in the exhibit hall or in any portion of the conference area. Any concerns regarding the use of flame-producing products, tools, or instruments are to be brought to the attention of the event venue and the local fire authorities. HX will not initiate, or participate in, any discussions, permit-filing, or other communications, either verbal or in writing, between the EO and the venue of local fire authority regarding open flame or other permits and/or permissions. HX reserves the right to require that any EO utilizing unpermitted open flames in or around its booth or exhibition space extinguish flames immediately and refrain from engaging in such activities for the duration of the event. Failure to comply with such directives from HX, the venue, or local fire authorities will result in immediate expulsion from the premises. Should event expulsion result, HX will issue no refunds to the EO for unused or under-utilized booths or exhibit spaces, or any other fees that might be incurred as a result of the expulsion.

Food and Beverage

All food and beverages served at functions associated with the event must be provided, prepared, and served by the hotel, and must be consumed on hotel premises. No outside food or beverages are permitted in classrooms, exhibits, or general conference areas. EOs may contact HX staff or the hotel’s catering department to inquire about food and/or beverage options to enhance the experience for visitors to their booths or exhibit spaces.

General Liability, Security, and Insurance

HX makes no warranty, expressed or implied, that security measures will avert or prevent occurrences that may result in loss or damage. Each EO must make provisions for the safeguarding of its goods, materials, equipment, and display at all times. HX will not be liable for loss or damage to the property of EOs, their representatives, or employees, from theft, fire, accident, act of God, war, or any other causes. HX will not be liable for injury to EOs, their employees, or representatives for damage to property in their custody, owned or controlled by them, which claims for damages, injury, etc., may be incident to, or arise from, or be in any way connected with their use or occupation of display space, and EOs will indemnify and hold HX harmless against such claim. The EO assumes all liability for any damage to the facility’s floor, walls, lighting fixtures, etc. The EO will abide by, and observe all laws, rules, regulations, and ordinances of any government authority and of the contracted facility. The EO will hold HX, its officers, principals, employees, board members, staff, representatives, and the hotel harmless from any and all damages, loss or liability of any kind whatsoever resulting from injuries to persons or property occurring within the hotel or property adjacent thereto occasioned by any act, neglect, or wrongdoing of the EO or any of its officers, agents, representatives, guests or employees, invitees or other persons permitted by the EO upon the premises, and the EO will, at its own cost and expense, defend and protect HX and the hotel against any and all such claims or demands.

Shipping and Drayage Charges

The EO agrees to pay any drayage fees for shipping items into or out of the hotel or to the decorator. The EO agrees to complete all required paperwork, and properly label packages, as required by the decorator.

Use of Logos, Trademarks

HX will be held harmless for any trademark, trade name, copyright or patent infringement of any materials belonging to or distributed by any EO. Prior to the event, EOs will receive acceptable images for promoting their participation in the event. All other use of the HX name, logo, event name, etc., must be approved by HX prior to use.

Attendee List

EOs will have the option to rent a lead retrieval system, providing them with an opportunity to generate leads and connect with attendees for future communication. EOs are required to adhere to all laws and regulations governing email marketing, including the inclusion of an opt-out feature in their communications.

HX Conflicts

It is essential that EOs avoid promoting products or services that directly conflict with those offered by HX or its affiliates unless they obtain explicit written consent from HX prior to the start of the event. This policy helps ensure harmonious collaboration and respect for the offerings of all organizations associated with the event.

Relationship

Nothing contained in this agreement shall be deemed or construed as creating a joint venture or partnership between HX and the EO. Neither party, by virtue of these terms and conditions, is authorized as an agent, employee, or legal representative of the other. Neither party shall bind or attempt to bind the other party to any agreement or performance of any obligation, nor represent that it has any right to enter any undertaking on behalf of the other party.

Affiliate Use

All event space in the hotel, during the contracted event dates, is controlled by HX. No function space will be released to EOs or other commercial firms, organizations, contractors, etc., for functions concurrent with, or conflicting with, the event without the permission of HX. Good taste and conformity to the purpose and mission of the event must prevail. Equipment demonstrations, product presentations or other gatherings of registered members, attendees, or guests of HX by EOs or other companies, contractors, organizations, etc., other than on the exhibit floor, during the stated hours, are expressly prohibited.

Violations

HX may, at its discretion, invalidate, or otherwise revoke, all or part of current and/or future exhibiting privileges for violations of the terms and conditions set forth within. In addition, violation of any of the published terms and conditions by the EO, or its employees or agents, shall, at the option of HX, forfeit the EO’s right to occupy space at a live or on-site event. In the event of such violation, the EO shall forfeit to HX all monies paid or due. Upon evidence of violation, HX may take possession of the space occupied by the EO and may remove all persons and goods at the EO’s risk and expense. The EO agrees that it shall pay all expenses, either direct or indirect, and/or damages HX or the hotel may incur as they relate to such violations.

Severability

All agreements and covenants contained herein are severable, and, in the event any of them shall be held to be invalid by any competent court, this agreement shall be interpreted as if such valid agreements or covenants were not contained herein.

Waiver

The failure by either party to insist upon strict enforcement of any terms and conditions of this agreement shall not be construed as a waiver of such right or of any other right hereunder.

Litigation Expenses

The parties agree that, in the event litigation relating to this agreement is filed by either party, the non-prevailing party in such litigation will pay the prevailing party's costs resulting from the litigation, including reasonable attorneys’ fees.

Event Changes

HX reserves the right to cancel or change this contract, cancel, or change the date(s) and time(s) of the event or relocate its conference at any time and for any reason, including, but not limited to reasonable cause, or upon events beyond its control, acts of god, terrorism, etc., which makes performance impossible or useless. If the event should be forced to relocate or reschedule, the EO shall be provided a similar financial benefit at the rescheduled event. In the event of such cancellation or relocation, no refunds will be issued after the published cancellation date. Credits towards future conferences, however, will be issued.

The EO shall have no claim against HX for loss, damages or compensation arising from the prevention, postponement or abandonment of the event for reasons beyond HX’s control (“Force Majeure”). Events of force majeure shall include, but shall not be limited to, war, terrorist action, national emergency, civil unrest, labor disputes, SARS or Coronavirus (COVID-19) or other epidemic, act of government or other government agency, closure or cessation of airline services, or a building becoming unavailable as a result of fire, storm, tempest, lightning or other acts of God.

In the event that the date(s) of the event are changed to new date(s) that are within twelve (12) months of the originally scheduled opening date of the event, and/or the event is cancelled but is reasonably expected by HX to be held at any time in the next calendar year, this contract shall continue in full force and effect and the obligations of the parties shall be deemed to apply to the event on the new date(s), or when it is next staged as applicable in the same way that they would have applied to the originally scheduled event. If the event is cancelled and is not reasonably expected by HX to be held at any time in the next calendar year, HX reserves the right to change the event to a virtual format, providing similar financial benefit to EOs.

Confirmation and Acceptance

EO application approval and acceptance shall be provided in writing, either hard copy or digital, by HX or its assigned designee. By submitting a completed application to be an EO at an HX event, it is agreed and understood that the EP agrees to all terms and conditions set forth within.


Section 4: Sponsorship

As sponsorships are limited, all sales are final. Due to the limited availability of sponsorships, all sales are considered final.


Miscellaneous

These terms are subject to revisions and changes. It is the responsibility of the attendee, presenter, exhibitor, and sponsor to keep up to date with all changes and requirements of attending this event.